Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reaper v Baycorp Collections PDL (Australia) Pty Ltd [2014] FCA 13 Citation: Reaper v Baycorp Collections PDL (Australia) Pty Ltd [2014] FCA 13
Parties: BRETT REAPER v BAYCORP COLLECTIONS PDL (AUSTRALIA) PTY LTD and PETR VRSECKY AS TRUSTEE OF THE BANKRUPT ESTATE OF BRETT VINCENT REAPER
File number(s): VID 985 of 2013
Judge(s): PAGONE J
Date of judgment: 28 January 2014
Catchwords: BANKRUPTCY – annulment of bankruptcy – whether sequestration order ought not to have been made – whether debts were personally due to the bankrupt or due to his company – whether bankrupt satisfied onus of proving solvency – Bankruptcy Act 1966 (Cth) s 153B.
Legislation: Bankruptcy Act 1966 (Cth) s 153B
Cases cited: Bank of Australasia v Hall (1907) 4 CLR 1514 Hall v Poolman (2007) 65 ACSR 123 International Alpaca Management Pty Ltd v Ensor [1999] FCA 72 Olivieri v Stafford (1989) 24 FCR 413 Pollock v Deputy Commissioner of Taxation (1994) 94 ATC 4148 Re Frank; Ex parte Piliszky (1987) 16 FCR 396 Re Marshall; Ex parte James Hardie & Co Pty Ltd (unreported, Pincus J, 8 July 1985) Sandell v Porter (1966) 115 CLR 666
Date of hearing: 22 January 2014
Date of last submissions: 22 January 2014
Place: Melbourne
Division: GENERAL DIVISION
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